CHANDER PRAKASH Vs. MINISTRY OF HEALTH NIRMAN BHAWAN

JUDGEMENT

(1.) Dr. Chander Prakash, MBBS, MS(Surgery) (hereinafter referred to as 'the petitioner') appears to be a public spirited person belonging to medical fraternity. Being a Surgeon himself, he has experienced the difficulties, obstacles and hurdies including inefficient and inadequate medical services, being faced by the victims of road accidents in the country. Due to non-availability of timely medical first aid and further treatment millions of such victims die on roads or face permanent disability leading to loss of vocation and hardships to family, This unhappy experience has disturbed the petitioner who addressed letter dated 29/06/2001 to Hon'ble the Chief Justice pointing out the various defects in the system and the measures which should be taken to minimise such fatalities.

(2.) This letter was treated as writ petition in the category of Public Interest Litigation and notice was issued to the respondents. Mr.V.K.Shali appeared for the Govt. of NCT of Delhi.

(3.) In this petition, the petitioner has highlighted that even after 52 years of independence our country has not been able to develop organised trauma services and disaster management medical services. The petitioner emphasises the fact that the first half hour is the crucial time 5. and if during this period proper first aid/treatment is given, many lives can be saved. He also states that the Government policies were designed and directed for the medical treatment accordingly. However, in the year 2001, 80% of health care is in private sector and 20% in Government sector. So there is an urgent need to have concrete and effective trauma services giving private sector a pivotal role. He also highlights the fact that modem medical treatment is very expensive because modern diagnostic equipments, gadgets, implants and medical treatment is very costly. It will be Herculean task for anybody to think of providing these medical treatment free of cost and it is not possible by any government to provide free 4. medical treatment. He further states that it is the duty of the State, being a welfare state to dire guarantee the health of the citizen. It cannot be denied that majority of people in road accident being padestrians and cyclists are from poor economic strata. There is an urgent need of a mechanism to provide free health care to these unfortunate victims. Most of the time they reach hospitals as unknown persons. In view of the aforesaid dismal state of affairs the petitioner goes on to suggest certain measures which are required to be taken for providing medical treatment to the road accident victims. These suggestions are as under: